(a) A partnership may sue and be sued in its firm name, and after a partnership has been dissolved, actions may be brought by and against the partnership in its firm name to enforce obligations that arose before the dissolution, the partnership being deemed to continue for the purpose of the suit. Where the dissolution is caused by the death of a partner, an action to enforce an obligation that arose before the dissolution may be brought by or against the partnership in its firm name, or by or against the surviving partners, or by or against the surviving partners and the estate of the deceased partner, if an action is brought against the partnership in its firm name, the estate of the deceased partner may be made a party to the action by being properly served with process.
§ 1082.Dissolved Partnerships
Chapter 18: Revivor of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1082 lets a partnership sue and be sued in its firm name even after dissolution, to enforce obligations that arose beforehand, keeps a pending partnership action from abating when a partner dies, and lets a judgment against the partnership reach a deceased partner's estate.
Full Text of § 1082
(b) When a partner dies after suit is brought by or against a partnership, the action will not abate, whether it is brought by or against the partnership in its firm name or in the names of the partners and it shall not be necessary to make the representative of the deceased partner a party to the action although he may be substituted for the decedent if the decedent was named as a party plaintiff or was served with process, but judgment may not be enforced against the decedent's estate if the partner dies before the verdict was rendered and the decedent's representative was not made a party to the action.
(c) When a partner dies after judgment has been rendered in favor of or against the partnership of which the decedent was a member, the judgment may be enforced in favor of or against the partnership and against the estate of the deceased partner although the estate of the deceased partner is not made a party to the judgment.
Amendment History
Laws 1965, HB 820, c. 299, § 4.
Plain-English Summary
Subsection (a) lets a partnership continue suing and being sued in its firm name after dissolution, to enforce obligations that arose before the dissolution -- the partnership is deemed to continue for that reason. Where dissolution happened because a partner died, the action may proceed in the firm name, by or against the surviving partners, or by or against the surviving partners and the deceased partner's estate; if brought against the firm name, the estate can be brought in by proper service of process.
Subsection (b) keeps a pending action from abating when a partner dies mid-suit, whether the suit is in the firm's name or the partners' names. There's no need to make the deceased partner's representative a party, though the representative may be substituted if the decedent was named as a plaintiff or was served with process. But a judgment can't be enforced against the estate if the partner died before the verdict and the representative was never made a party.
Subsection (c) covers a partner's death after judgment: the judgment may be enforced for or against the partnership and against the deceased partner's estate, even though the estate was never made a party to the judgment.
Frequently Asked Questions
Can a dissolved partnership still be sued in Oklahoma?
Yes, in its firm name, to enforce obligations that arose before the dissolution.
Does a partner's death end a lawsuit the partnership is already involved in?
No. Section 1082 says the action won't abate, whether it's captioned in the firm's name or the partners' names.
Does the deceased partner's estate have to be joined as a party for the case to continue?
Not necessarily, though the representative may be substituted if the decedent was named as a plaintiff or was served with process.
Can a judgment be enforced against a deceased partner's estate even if the estate was never a party?
Yes. If the judgment was entered after the partner's death, subsection (c) allows enforcement against the estate without it having been joined.
Is there a limit on enforcing a judgment against the estate if the partner died before the verdict?
Yes. If the partner died before the verdict and the representative was never made a party, the judgment can't be enforced against the estate.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: partnership lawsuit after dissolution oklahomadeath of partner pending lawsuit oklahoma12 O.S. § 1082judgment against deceased partner estate oklahoma